Written Answers Tuesday 23 June 2009

Scottish Executive

Education

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive, in light of its news release of 11 June 2009 on national qualifications, which school departments will be accountable for pupils attainment in literacy and numeracy.

Fiona Hyslop: All staff will be responsible for developing young people’s literacy and numeracy skills. It will be the responsibility of individual schools to agree specific arrangements for developing and assessing these skills which are best suited to their particular circumstances and pupil populations.

Education

Rhona Brankin (Midlothian) (Lab): To ask the Scottish Executive, in light of its news release of 11 June 2009 on national qualifications, how literacy and numeracy will be assessed in secondary one to three.

Fiona Hyslop: Literacy and numeracy skills will be assessed by teaching staff on an ongoing basis during secondary one to three and at earlier stages, to ensure that any issues are identified and addressed. We will publish an assessment framework and guidance on external moderation later in the summer which will support teachers in making robust assessment of these and other skills based on clear nationally agreed standards.

Health

Michael McMahon (Hamilton North and Bellshill) (Lab): To ask the Scottish Executive whether the capital projects planned in NHS Lanarkshire’s A Picture of Health modernisation programme will be completed in the timescale agreed when the proposals were first approved.

The Executive has supplied the following corrected answer:

Nicola Sturgeon: Sixteen priority capital projects (excluding the acute hospital redevelopments) had been planned by the board under A Picture of Health and in the original plan it was envisaged that these would be completed within a five year period. It was always intended, however, that the developments would require to be completed on a phased basis, recognising the NHS board’s capacity and available resources. Of the sixteen projects planned, eight projects were scheduled to be under development and complete by 2013. Six of these projects have commenced and will be completed by the end of 2013. Planning work for the remaining two projects in this group (Airdrie Health Centre and the North Mental Health Inpatient Unit) is ongoing and the board envisages that these projects will be also completed within the same timescale.

Health and Safety

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what the penalties are for gas engineers who are not registered with the Gas Safe Register.

Kenny MacAskill: The installation of gas fittings is regulated by the Gas Safety (Installation and Use) Regulations 1998, made by the Secretary of State under the Health and Safety at Work etc. Act 1974. The maximum penalty on conviction on indictment for failure to comply with the regulations is two years imprisonment, an unlimited fine, or both.

Health and Safety

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive what action has been taken to strengthen regulations in relation to unlicensed gas engineers.

Kenny MacAskill: Gas safety, including the installation of gas fittings and the registration of gas engineers, is a reserved matter dealt with by the Health and Safety Executive.

Health and Safety

Jackie Baillie (Dumbarton) (Lab): To ask the Scottish Executive whether it will consider introducing a point of sale register to restrict the purchase of boilers, cookers and fires to gas-safe registered engineers.

Kenny MacAskill: Gas safety, including the installation of gas fittings and the registration of gas engineers, is a reserved matter dealt with by the Health and Safety Executive.

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what the longest waiting time between sentence and the commencement of a community service order was in each quarter since May 2007, broken down by local authority area.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what the average waiting time between sentence and the commencement of a community service order was in each quarter since May 2007, broken down by local authority area.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what proportion of offenders sentenced to serve a community service order had their first appointment with a criminal justice social worker within (a) one day, (b) seven days and (c) one month of sentencing in 2008, broken down by local authority area.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many offenders sentenced to serve a community service order in January 2009 are still waiting to start their order.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many offenders sentenced to serve a community service order in February 2009 are still waiting to start their order.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many offenders sentenced to serve a community service order in March 2009 are still waiting to start their order.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many offenders sentenced to serve a community service order in 2008 are still waiting to start their order, broken down by local authority area and waiting time since sentencing.

Fergus Ewing: Historically the data requested has not been held centrally. Recognising the need for more information, the government commissioned an audit of individual local authority performance of start and completion timescales in respect of community service orders based on late 2008 data. The results of the audit, which will be repeated in 12 months time, were lodged with the Scottish Parliament’s Information Centre on 27 April (Bib. number 47783).

Justice

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many community service orders were revoked before they were completed in 2008, broken down by local authority area.

Fergus Ewing: The information requested is given in the following tables. The numbers are shown in the first table, with percentages in the second.

  Terminations of Community Service Orders1 by Local Authority Area: 2007-08 (Numbers)

  

 
 Revoked Due to Review2
 Revoked Due to Breach
 Order Successfully Completed
 Transfer Out of Area
 Death
 Other3
 Total


 Aberdeen City
 14
 65
 106 
 3 
 - 
 5 
 193 


 Aberdeenshire
 3 
 30 
 74 
 10 
 3 
 1 
 121 


 Angus
 3 
 14 
 43 
 - 
 1 
 13 
 74 


 Argyll and Bute
 6 
 4 
 32 
 1 
 - 
 1 
 44 


 Clackmannanshire
 6 
 25 
 46 
 8 
 1 
 1 
 87 


 Dumfries and Galloway
 12 
 46 
 151 
 3 
 1 
 - 
 213 


 Dundee City
 40 
 105 
 154 
 7 
 - 
 5 
 311 


 East Ayrshire
 1 
 33 
 107 
 3 
 - 
 - 
 144 


 East Dunbartonshire
 1 
 4 
 46 
 1 
 - 
 - 
 52 


 East Lothian
 - 
 - 
 58 
 7 
 - 
 14 
 79 


 East Renfrewshire
 - 
 2 
 31 
 1 
 1 
 - 
 35 


 Edinburgh, City of
 23 
 128 
 358 
 80 
 2 
 26 
 617 


 Eilean Siar
 4 
 5 
 15 
 1 
 1 
 - 
 26 


 Falkirk
 14 
 27 
 98 
 5 
 - 
 7 
 151 


 Fife
 36 
 108 
 244 
 7 
 - 
 2 
 397 


 Glasgow City
 - 
 126 
 510 
 17 
 8 
 45 
 706 


 Highland
 1 
 58 
 148 
 1 
 1 
 1 
 210 


 Inverclyde
 9 
 29 
 80 
 5 
 - 
 4 
 127 


 Midlothian
 11 
 26 
 93 
 5 
 - 
 - 
 135 


 Moray
 2 
 31 
 34 
 3 
 - 
 - 
 70 


 North Ayrshire
 10 
 54 
 161 
 12 
 1 
 - 
 238 


 North Lanarkshire
 6 
 159 
 317 
 16 
 - 
 20 
 518 


 Orkney Islands
 - 
 1 
 9 
 - 
 - 
 - 
 10 


 Perth and Kinross
 10 
 43 
 95 
 10 
 - 
 2 
 160 


 Renfrewshire
 4 
 25 
 96 
 3 
 1 
 9 
 138 


 Scottish Borders
 8 
 27 
 70 
 2 
 - 
 1 
 108 


 Shetland Islands
 - 
 1 
 8 
 2 
 - 
 - 
 11 


 South Ayrshire
 6 
 25 
 88 
 4 
 - 
 - 
 123 


 South Lanarkshire
 17 
 51 
 247 
 15 
 - 
 14 
 344 


 Stirling
 7 
 36 
 45 
 3 
 - 
 8 
 99 


 West Dunbartonshire
 13 
 42 
 140 
 6 
 2 
 - 
 203 


 West Lothian
 4 
 16 
 58 
 3 
 - 
 - 
 81 


 Scotland
 271 
 1,346 
 3,762 
 244 
 23 
 179 
 5,825 



  Notes:

  1. Figures exclude probation orders with a requirement of unpaid work.

  2. An order may be revoked due to a breach of the terms of the order, or a review resulting from change in the offender’s circumstances, such as illness.

  3. The category "other" includes non-compliance, further offence, early discharge and information unknown/missing.

  4. Symbols used in the tables are –nil.

  Terminations of Community Service Orders1 by Reason and Local Authority, 2007-08 (Percentage of Total)

  

 
 Revoked Due to Review2
 Revoked Due to Breach2
 Order Successfully Completed
 Transfer Out of Area
 Death
 Other3
 Total


 Aberdeen City
 7 
 34 
 55 
 2 
 - 
 3 
 193 


 Aberdeenshire
 2 
 25 
 61 
 8 
 2 
 1 
 121 


 Angus
 4 
 19 
 58 
 - 
 1 
 18 
 74 


 Argyll and Bute
 14 
 9 
 73 
 2 
 - 
 2 
 44 


 Clackmannanshire
 7 
 29 
 53 
 9 
 1 
 1 
 87 


 Dumfries and Galloway
 6 
 22 
 71 
 1 
 * 
 - 
 213 


 Dundee City
 13 
 34 
 50 
 2 
 - 
 2 
 311 


 East Ayrshire
 1 
 23 
 74 
 2 
 - 
 - 
 144 


 East Dunbartonshire
 2 
 8 
 88 
 2 
 - 
 - 
 52 


 East Lothian
 - 
 - 
 73 
 9 
 - 
 18 
 79 


 East Renfrewshire
 - 
 6 
 89 
 3 
 3 
 - 
 35 


 Edinburgh, City of
 4 
 21 
 58 
 13 
 * 
 4 
 617 


 Eilean Siar
 15 
 19 
 58 
 4 
 4 
 - 
 26 


 Falkirk
 9 
 18 
 65 
 3 
 - 
 5 
 151 


 Fife
 9 
 27 
 61 
 2 
 - 
 1 
 397 


 Glasgow City
 - 
 18 
 72 
 2 
 1 
 6 
 706 


 Highland
 * 
 28 
 70 
 * 
 * 
 * 
 210 


 Inverclyde
 7 
 23 
 63 
 4 
 - 
 3 
 127 


 Midlothian
 8 
 19 
 69 
 4 
 - 
 - 
 135 


 Moray
 3 
 44 
 49 
 4 
 - 
 - 
 70 


 North Ayrshire
 4 
 23 
 68 
 5 
 * 
 - 
 238 


 North Lanarkshire
 1 
 31 
 61 
 3 
 - 
 4 
 518 


 Orkney Islands
 - 
 10 
 90 
 - 
 - 
 - 
 10 


 Perth and Kinross
 6 
 27 
 59 
 6 
 - 
 1 
 160 


 Renfrewshire
 3 
 18 
 70 
 2 
 1 
 7 
 138 


 Scottish Borders
 7 
 25 
 65 
 2 
 - 
 1 
 108 


 Shetland Islands
 - 
 9 
 73 
 18 
 - 
 - 
 11 


 South Ayrshire
 5 
 20 
 72 
 3 
 - 
 - 
 123 


 South Lanarkshire
 5 
 15 
 72 
 4 
 - 
 4 
 344 


 Stirling
 7 
 36 
 45 
 3 
 - 
 8 
 99 


 West Dunbartonshire
 6 
 21 
 69 
 3 
 1 
 - 
 203 


 West Lothian
 5 
 20 
 72 
 4 
 - 
 - 
 81 


 Scotland
 5 
 23 
 65 
 4 
 * 
 3 
 5,825 



  Source: annual returns submitted by local authorities to Scottish Government Justice Analytical Services. The full tables are published on the Scottish Government website at:

  http://www.scotland.gov.uk/Topics/Statistics/Browse/Crime-Justice/PubSocialWork.

  Notes:

  1. Figures exclude probation orders with a requirement of unpaid work.

  2. An order may be revoked due to a breach of the terms of the order, or a review resulting from change in the offender’s circumstances, such as illness.

  3. The category "other" includes non-compliance, further offence, early discharge and information unknown/missing.

  4. Symbols used in the tables are –nil, *less than 0.5%.

Prison Service

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the comment in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09  that "in nearly every prison many prisoners are not working"; what its position is on the comment that "nothing would better equip Scottish prisons for the task of rehabilitation than the daily provision of useful, stimulating, demanding, hard work for every prisoner", and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  There are a number of prisoners who do not work in many of Scotland’s Prisons.

  The SPS provides work, activity and interventions to individual prisoners based on their individual needs, and the availability of work provision.

Prison Service

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what proportion of prisoners engage in work while in prison, broken down by (a) average number of hours per week and (b) prison.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many hours per week on average a prisoner spends working, broken down by prison.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive how many times per week on average a prisoner engages in work, broken down by prison.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  The SPS does not currently record this information.

  The key performance indicator, offender development hours, includes some elements of training within work, together with other developmental activity.

Prison Service

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether the average number of hours prisoners spend working per week has increased since May 2007.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  The SPS does not record this information, in the manner requested.

  The SPS currently records offender development hours (ODH) as the measure for recording prisoners development activity.

  The total ODH’s for all establishments for the last three financial years are as follows:

  

 2006-07
 2,118,993


 2007-08
 2,352,888


 2008-09
 2,456,518

Rural Affairs

Sarah Boyack (Edinburgh Central) (Lab): To ask the Scottish Executive what agency or directorate of the Scottish Government is responsible for ensuring the delivery of compensatory measures should any special protection areas or special areas of conservation around the coast be adversely affected by a rise in sea level, coastal erosion or changes in coastal management and what steps it has taken to ensure that any such impact is detected and acted on.

Richard Lochhead: Scottish Natural Heritage and the Joint Nature Conservation Committee, on behalf of Scottish ministers, monitor the condition of all protected sites in Scotland. This monitoring would provide an early indication of any adverse affects on sites, should they arise and ministers would look to Scottish Natural Heritage to advise on the courses of action available in order to ensure that we continue to fulfil our obligations under the relevant European directives or to deliver national priorities. For devolved activities in Scotland it is the responsibility of Scottish ministers to determine whether compensatory measures are required under the habitats directive.

Sex Offenders

Robert Brown (Glasgow) (LD): To ask the Scottish Executive how many places on the Sex Offender Treatment Programme were available in prisons in each of the last five years, broken down by establishment.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  The following table details the number of Sex Offender Treatment Programmes (SOTP) completed by SPS over the last five years:

  

 Establishment
 SOTP Model
 2004-05
 2005-06
 2006-07
 2007-08
 2008-09


 Peterhead
 Core
 17
 7
 16
 17
 13


 Adapted
 8
 9
 6
 8
 8


 Extended
 8
 8
 0
 8
 8


 Rolling
 9
 18
 16
 19
 16


 Barlinnie
 Rolling
 0
 13
 14
 14
 14


 Polmont
 Core
 7
 7
 8
 12
 12


 Rolling
 0
 0
 0
 0
 12


 Edinburgh
 Rolling
 11
 14
 17
 15
 16


 Total Completed
 60
 76
 77
 93
 87



  Typically an average of one prisoner will drop out of each SOTP after starting the programme. This is consistent with research which indicates a 9% drop-out rate from adult offending behaviour programmes. Therefore from every nine prisoners scheduled to start SOTPs eight are expected to complete the programme, this drop-out rate is factored into programme planning.

  Participation in rolling SOTP is based on "treatment need" which is linked to the individual’s level of risk. This results in some participants attending more sessions than others which can affect the overall number of completions when targeting delivery at higher risk offenders.

Sex Offenders

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what percentage of serious sex offenders completed the Sex Offender Treatment Programme before their release from prison in each of the last five years.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  The SPS makes no such distinction between sex offenders. This information is not currently available for the last five years.

  During 2007-08 a total of 93 offenders completed Sex Offender Treatment Programmes (SOTP). This represented 69% of the number assessed as suitable for participation in SOTP that year. Others listed as suitable may go on to complete the programme later in their sentence.

Sex Offenders

Robert Brown (Glasgow) (LD): To ask the Scottish Executive what methods are used to address the offending behaviour of serious sex offenders who decline to sign up for the Sex Offender Treatment Programme.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  Sex offenders managed on the enhanced version of integrated case management (ICM) are subject to initial and annual case conferences.

  A key aspect of these case conferences is the discussion around the options for addressing the individuals offending behaviour, including participation on appropriate prisoner programmes. Preparation and follow-up for these case conferences includes a discussion with the prisoner about prisoner programmes where the value of participation is explained. The aim of these discussions is to motivate and support the prisoner to make positive decisions about addressing their offending behaviour.

  Prison staff, and particularly personal officers, also play their role in motivating prisoners to participate on prisoner programmes.

  Sex offenders will normally be referred for assessment for Sex Offender Treatment Programmes (SOTPs) where an explanation of the programme and the supports available can also motivate individuals to participate.

  The SPS recognises that further work is needed in this area. Presently, a new SOTP is under development which will have a motivational aspect aimed at encouraging more sex offenders to participate on SOTPs.

Sex Offenders

Robert Brown (Glasgow) (LD): To ask the Scottish Executive whether it will undertake research to determine the extent to which the Sex Offender Treatment Programme aids the rehabilitation of serious sex offenders.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  SPS has monitored and researched its Sex Offender Treatment Programmes (SOTPs) since their introduction in 1994.

  A study of the pre-2000 programme revealed a difference of 6% reconviction rate between those who completed SOTPs and those who did not (at September 2006).

  SPS is currently reviewing its approach to the evaluation of all its prisoner programmes including the SOTPs. In the meantime SOTP data continues to be collected and analysed.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the comments in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09 that "sex offenders receive the worst preparation for release" and that "only a relatively small proportion … of long-term sex offenders will have completed the Sex Offender Treatment Programme before they are released" despite the report noting that this type of prisoner causes the most public concern and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  Sex Offenders get some of the best preparation for release of all prisoners held in Scottish prisons in terms of access to prisoner programmes and preparation of supervision and support for eventual release. The preparation for these release arrangements reflect the priority SPS places in managing these offenders, the level of risk this group of offenders represents and the recognition by SPS of the public concern. These arrangements include:

  Case Management - all sex offenders serving six months and over are managed on the enhanced version of the Integrated Case Management (ICM) process. As such they are subject to initial and annual case conferencing and closer case management. This increases the likelihood of identifying issues regarding the management of the risk they represent which informs appropriate arrangements for their eventual release from prison.

  Sex Offender Treatment Programmes (SOTPs) – provided a sex offender is prepared to engage on these programmes, the majority of sex offenders are able to access SOTPs prior to release from prison. The number of SOTPs delivered by SPS equates to a higher percentage of sex offenders having the opportunity to attend offence specific programmes than is the case for prisoners with other types of offending behaviour. The SPS recognises that further work can be done to motivate sex offenders to participate on SOTPs and is currently developing a new SOTP which will have a motivational element to encourage participation on appropriate interventions. There is also the option for sex offenders to attend the Community Sex Offender Group Programme (CSOGP) in the community once released.

  Statutory Arrangements – under the terms of the Sex Offenders (Scotland) Act 2006 there is a statutory requirement that sex offenders are supervised by social services (prison or community based) during the course of their sentence. Consequently, the preparations of throughcare and supervision arrangements for eventual release are well developed and actioned during the custodial sentence. Other issues such as appropriate accommodation (either a local authority house or hostel accommodation) are also prioritised before liberation.

  Multi Agency Public Protection Arrangements (MAPPA) - all sex offenders held in the Scottish prisons are subject to MAPPA. Whilst other prisoners can have some supervision requirements attached to their liberation license conditions, MAPPA will normally have additional supervision requirements. These arrangements are over and above the requirement of notification under the terms of the Sex Offences (Scotland) Act 2003. SPS is actively involved in planning the MAPPA supervision arrangements.

  Testing in the community prior to release - as with other prisoners, sex offenders have the same opportunity of transfer to open conditions, community placements, home leave (subject to a suitable home/hostel being available) and special escorted leave (SEL) provided that the risk that they represent can be appropriately managed in this way.

  The primary concern of SPS has to be their responsibility for public protection which explains why comparatively fewer sex offenders gain community access prior to their formal release date. However, SPS continues to explore options with appropriate partner agencies.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the comment in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09  in relation to the Sex Offender Treatment Programme that "for those convicted of the most serious crimes, serving long sentences, the number of spaces available on the programme is too small - even for those who are eligible for the programme" and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  Provided a sex offender is prepared to engage on these programmes the majority of sex offenders are able to access Sex Offender Treatment Programmes (SOTPs) prior to release from prison.

  In terms of "eligible" this appears from the question and statement by HM Chief Inspector of Prisons to mean all sex offenders. Access to SOTPs is subject to a programme specific assessment to determine suitability, and consequently not all sex offenders will be deemed suitable, or "eligible", to participate on SOTPs. A number of factors determine suitability which was detailed in our answer to question S3W-19242 on 15 January 2009. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

  http://www.scottish.parliament.uk/Apps2/Business/PQA/Default.aspx.

  The SPS recognises that further work can be done to motivate sex offenders to participate on SOTPs and is currently developing a new SOTP which will have a motivational element to encourage participation on appropriate interventions.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the comment in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09  in relation to sex offenders that "equally disturbing is the fact that there is very little statistical evidence in the UK that the Sex Offender Treatment Programme makes a difference" and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  The Home Office have conducted research on the treatment impact of the Sexual Offending Treatment Programme (SOTP) in England and Wales, where there is a higher number of prisoners who participate on the programme and therefore a greater research base for the outcomes. Findings indicate a lower rate of reconviction for sex offenders in the "medium to low risk" and "medium to high risk" groups and minimal treatment impact for the "very low risk" or "very high risk" sex offenders groups.

  SPS regularly scans international research literature on sexual offending to inform its understanding of programme effectiveness and will continue to do so. This information is currently informing the development of a new SOTP.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its position is on the comment in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09  that it is "time that research evidence was produced to support a programme which remains the principal resource for addressing the offending behaviour of sex offenders in Scottish prisons" and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  SPS has monitored and researched its Sex Offender Treatment Programmes (SOTPs) since their introduction in 1994.

  A study of the pre-2000 programme revealed a difference of 6% reconviction rate between those who have completed the programme and those who have not (at September 2006).

  SPS is currently reviewing its approach to the evaluation of all its prisoner programmes including the SOTPs. In the meantime SOTP data continues to be collected and analysed.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what its assessment is of the comments in HM Chief Inspector of Prisons for Scotland: Annual Report 2008-09  in relation to sex offenders that there is an "absence of any real testing in the community before release" and that "a cornerstone of the preparation for release of the most serious offenders is that they participate in a pattern of community placements and home leaves and open prison, as their responsibility for their own actions is tested in increasing degrees of freedom before release" and what action it will take to address this.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  Preparation for release during an individual’s custodial sentence includes, where appropriate, access to opportunities in less secure conditions.

  As with other prisoners, sex offenders have the same opportunity of transfer to open conditions and accessing community placements, home leave (subject to a suitable home/hostel being available) and special escorted leave (SEL), provided that the risk that they represent can be appropriately managed in this way. These risk assessments not only review the risk to the public but also the risk to the offender taking up these opportunities, both of which can determine an individual’s suitability. Sex offenders can also refuse the option of transfer to open or less secure conditions as this takes them out of "protection" areas within closed prisons and places them in "mainstream" accommodation.

  The primary concern of SPS has to be their responsibility for public protection which explains why comparatively fewer sex offenders gain community access prior to their formal release date.

  SPS continues to explore options with appropriate partner agencies.

Sex Offenders

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive whether it considers that every sex offender released from prison receives adequate preparation for release while in prison.

Richard Baker (North East Scotland) (Lab): To ask the Scottish Executive what proportion of sex offenders it considers to receive adequate preparation prior to release from prison.

Kenny MacAskill: I have asked Mike Ewart, Chief Executive of the Scottish Prison Service (SPS), to respond. His response is as follows:

  Ideally every sex offender would have effectively completed a Sex Offender Treatment Programme (SOTP), would have effectively completed any other prisoner programme appropriate for addressing all aspects of their offending behaviour, would have been tested in less secure conditions prior to release through time spent in open conditions, community work placements and home leave, and their continuing risk robustly assessed and effectively managed for their time in prison and to inform ongoing supervision in the community.

  However, the reality is that a significant number of this group of prisoners either deny their offence, or minimise their involvement, or minimise the effects on the victim or on society.

  Therefore some either refuse to participate in appropriate interventions or are assessed as unsuitable. The options for testing in less secure conditions is subject to robust risk assessments with public safety being the paramount outcome resulting in fewer being assessed as suitable for these opportunities than is the case for other prisoners serving sentences for other offences.

  This leaves the assessment of the risk they represent and the supervision arrangements for managing this risk. All sex offenders are assessed using nationally agreed risk assessment tools, they are subject to multi-agency public protection arrangements (MAPPA) and the majority are subject to statutory supervision under the terms of the Sex Offenders (Scotland) Act 2006.

  Consequently, whilst every effort is made to encourage sex offenders to address their offending behaviour whilst in prison, the attitudes that some sex offenders display and the management of their risk with the focus on public safety can restrict the opportunities available to them. However, each will have had adequate preparation for release within the context of their willingness to participate, their suitability for appropriate interventions and the arrangements for managing their risk.

  SPS continues to explore options to encourage sex offenders to actively participate in interventions to address their offending behaviour and to form partnerships with external providers to expand the opportunities available to them.